Your power of attorney becomes invalid

6 Feb 2024 · 1 min

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In this brief informational video, Jerry Taylor explains that a power of attorney (POA) automatically becomes invalid when the person who granted it dies. Consequently, the designated agent—often a child handling the principal’s finances—loses the legal authority to access bank accounts, write checks, or manage the estate after the principal’s death. To ensure someone can handle the estate post‑mortem, the principal must have a will, which allows a court to appoint an executor, or a trust, which names a successor trustee. The video emphasizes the necessity of separate estate‑planning documents (will or trust) to provide post‑death authority, as a POA alone does not suffice.

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If you've given a power of attorney to someone during your lifetime, when you die, so does that power of attorney. A power of attorney is no longer valid after the death of the person who gave it. So your son or daughter who's been handling your finances for you will not be able to access your bank account after you die. They will not be able to write checks on your behalf. They will not be able to handle your estate. They will not be entitled to receive anything from you after your death just because they have your power of attorney. You have to have a will or a trust giving someone the authority to handle your estate after your death. Anything that anyone was doing on your behalf with a power of attorney, they will not legally be able to do it after you're gone. With a will, a judge will have to appoint someone to act on your behalf as your executor. With a trust, you will appoint someone to act as your successor trustee.